WP/12874/2026 of M/s.MMT Transports Vs State Tax Officer
1/7 WP No. 12874 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HONOURABLE MR JUSTICE C. SARA V ANAN
WP No. 12874 of 2026
and WMP No. 14072 & 14073 of 2026
M/s.MMT Transports
Partnership firm Rep by its Partners,
657, Crosscut Road, North Coimbatore,
Tamil Nadu 641 012
Petitioner(s)
Vs
State Tax Officer
Ram Nagar Circle, Coimbatore.
Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India f or
issuance of a Writ of Certiorari, calling for the records culminating in the
Impugned Assessment Order dated 19.08.2024 bearing Reference No.
ZD330824156200R passed by the Respondent, quash the same and
consequently direct the Respondent to forthwith refund and/or restore the sum
of Rs.3,86,417/- (Rupees Three Lakhs Eighty Six Thousand Four Hundred and
Seventeen only) or such amount as has been debited/recovered from the
Petitioner’s Electronic Cash/Credit Ledger pursuant to the Impugned Or der,
together with applicable statutory interest.
For Petitioner(s): Mr.Athiban Vijay AK
For Respondent(s): Mrs.P.Selvi
Government Advocate
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ORDER
Mrs.P.Selvi, learned Government Advocate takes notice for the
Respondent.
2. This Writ Petition is being disposed of at the stage of admission i tself
with the consent of the learned counsel for the Petitioner and the learned
Government Advocate for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the impugned Order
dated 19.08.2024, which was preceded by a Show Cause Notice in GST
DRC-01 dated 24.05.2024 wherein the Petitioner was called upon to fi le a reply
and to appear for a personal hearing. However, the Petitioner did not take
advantage of the same and has thus suffered the impugned Order dated
19.08.2024.
4. It is noticed that the limitation for filing an appeal under Section 107 of
the respective GST enactments, 2017 against the impugned Order has alr eady
expired long before. However, the present Writ Petition has been filed only on
30.03.2026.
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3/7 WP No. 12874 of 2026
5. At this stage, the learned counsel for the Petitioner fairly conc edes that
the Petitioner is willing to deposit 50% of the disputed tax amount, less any
amount already recovered towards tax liability and he has also made an
endorsement to that effect in the Court bundle which has been extracted
hereunder:-
“On instructions of client, I have no objection for
deposit of 50% less an amount of Rs.3,86,417/- that has
been recovered already.”
6. Recording the above consent given by the Petitioner, the case is
remitted back to the Respondent to pass a fresh order on merits subject to the
Petitioner depositing 50% of the disputed tax in cash or from the Pet itioner's
Electronic Cash Register within a period of thirty (30) days from the date of
receipt of a copy of this order.
7. Within such time, the Petitioner shall also file a reply to the Show
Cause Notice in GST DRC-01 dated 24.05.2024 together with requisite
documents to substantiate the case by treating the impugned Order dated
19.08.2024 as an addendum to the Show Cause Notice dated 24.05.2024.
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4/7 WP No. 12874 of 2026
8. In case the Petitioner complies with the above stipulations, the
Respondent shall proceed to pass a final order on merits and in acc ordance with
law as expeditiously as possible, preferably, within a period of t hree (3) months
of such reply/pre-deposit. Subject to the Petitioner complying with the above
stipulations, the attachment of the bank account of the Petitioner if any, shall
also stand automatically vacated.
9. It is made clear that bank attachment shall be lifted subjec t to the
Petitioner depositing 50% of the disputed tax as ordered above and the
Petitioner not being in arrears of any other amount for any other ta x period
barring the amount demanded under the impugned Order.
10. In case the Petitioner fails to comply with any of the stipul ations, the
Respondent is at liberty to proceed against the Petitioner to rec over the tax in
accordance with law as if this Writ Petition was dismissed in limine today.
11. Needless to state, before passing any such order, the Respondent shall
give due notice to the Petitioner.
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5/7 WP No. 12874 of 2026
12. This Writ Petition stands disposed of with the above observations. No
costs. Connected Writ Miscellaneous Petitions are closed.
07-04-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ssr
https://www.mhc.tn.gov.in/judis
6/7 WP No. 12874 of 2026
To
The State Tax Officer
Ram Nagar Circle, Coimbatore.
https://www.mhc.tn.gov.in/judis
7/7 WP No. 12874 of 2026
C.SARA V ANAN J.
ssr
WP No. 12874 of 2026
07-04-2026
https://www.mhc.tn.gov.in/judis